Law: Anti Terrorism Act, 1997

Section: 21-L,21-K,191(10),(12)

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 21-L--Punishment for as absconder--Bare reading of Section 21-L of Act, 1997, it appears that if any person absconds or avoids arrest, evades appearance before any inquiry, investigation or Court proceedings, then he will be convicted--Since, this has not been made an independent offence and punishment provided is not than five years hence it would not fall within meaning of Section 21K of Act, 1997.     Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 21-K, 19(10) to (12)--Offence--Liable by way of summary procedure--There appears no reason to deviate from procedure, provided by Section 19(10) to (12) of Act even for trial of such offence because Act recognizes two kinds of trial procedure one is provided by Section 19 of Act and exception thereto is by Section 21K of Act--limit, provided for less punishment for offence under Section 21-L, brings it out of scope of Section 21K (summary procedure)--It may well be added that if procedure, provided by Section 19(10) to (12) of Act is not followed in trial of such offence (21-L) it shall be a sheer violation of fair-trial which otherwise is guaranteed by Articles 9 and 10-A of Constitution which, Court is sure in believing, cannot be intention of legislature--Thus, Court would conclude that even if at any stage of case, Special Court comes to a conclusion that act of abscondence does constitute an offence within meaning of Section 21 L then it would be required to follow procedure, provided by Section 19 of Act--In short, no conviction legally could sustain for offence under Section 21 L of Act if requirements of Section 19(10) to (12) of Act are not followed as same otherwise are attempts to satisfy requirement of Article 10-A of Constitution.”     Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 21-L--Criminal Procedure Code, (V of 1898), Ss. 87/88--Conviction and sentence--Challenge to--Record reflects that proceedings under sections 87 and 88, Cr.P.C. were initiated for declaring accused as proclaimed offender for purpose of proceeding with case in his absentia--Thereafter, charge was framed against acquitted co-accused for main…

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